Offshore Energy Legislation in the 113th Congress

HBW Resources Report

OFFSHORE-RELATED LEGISLATIVE ACTIVITY

113th CONGRESS

Prepared by Brent Greenfield

Offshore_platform_in_night

 ACCESS AND REVENUE-SHARING

“Offshore Energy and Jobs Act” (H.R. 2231)

  • Introduced in House on June 4 and passed by the House 235-186 on June 28; received in Senate and referred to Energy and Natural Resources Cmte. on July 8
  • Sponsored by Rep. Doc Hastings (R-WA); co-sponsored by Rep.’s Dan Benishek (R-MI), Kevin Cramer (R-ND), Steve Daines (R-MT), Jeff Duncan (R-SC), Bill Flores (R-TX), Doug LaMalfa (R-CA), Doug Lamborn (R-CO), Tom McClintock (R-CA), Markwayne Mullin (R-OK), Chris Stewart (R-UT), and Robert Wittman (R-VA)
  • Among other things, this legislation would do the following:
    • Require that all future OCS 5-Year Leasing Plans include lease sales that cover at least 50% of the available unleased acreage in each OCS planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (estimated to contain 2.5 billion barrels of oil or 7.5 trillion cubic feet of natural gas)
    • Requires Interior Secretary to include areas requested by State Governors in any environmental review conducted or statement prepared for the leasing program under the National Environmental Policy Act
    • Require the Interior Secretary to issue a new proposed 2015-2020 OCS 5-Year Leasing Plan by July 15, 2014, approving a Final 2015-2020 Plan by July 15, 2015
    • Require the Interior Secretary to conduct previously-canceled Lease Sale 220 offshore Virginia within 1 year of enactment
    • Require the Interior Secretary to conduct a lease sale for areas located in federal waters offshore South Carolina within 2 years of enactment
    • Require the Interior Secretary to conduct a lease sale for areas located in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area by the end of 2014 (development and production could occur only from existing offshore infrastructure or from onshore-based, extended-reach drilling)
    • Requires the Interior Secretary to determine a domestic strategic production goal for oil and natural gas development in all future OCS 5-Year Leasing Plans
    • Gulf of Mexico States would continue to receive 37.5% of revenue from new leases pursuant to the Gulf of Mexico Energy Security Act; after a phase-in, would extend 37.5% revenue-sharing percentage to coastal states outside the Gulf of Mexico where energy production is taking place in adjacent federal waters (VA, SC, and CA lease sales required under the legislation would be exempt)
    • Raises offshore energy revenue sharing cap as provided by the Gulf of Mexico Energy Security Act of 2006 to $999 million for each fiscal year from 2024-2055
    • Within 60 days of enactment, requires the Interior Secretary to issue rules providing more clarity, certainty, and stability to the revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006
    • Requires a Record of Decision on the Atlantic Geological & Geophysical Programmatic Final Environmental Impact Statement by Dec. 31, 2013
    • Precludes newly-established Bureau of Ocean Energy and Offshore Energy Safety Service from taking part in the application of any new limitations on activities under their jurisdiction as a result of Coastal and Marine Spatial Planning under the National Ocean Policy
    • Establishes nonrefundable inspection fee regime
    • Requires reorganization of Interior Department agencies and establishment of Outer Continental Shelf Energy Safety Advisory Board
    • Amends the Outer Continental Shelf Lands Act to specify its applicability to the Exclusive Economic Zone and Continental Shelf adjacent to any territory of the United States
    • Additional Information

“Fixing America’s Inequities with Revenues (FAIR) Act of 2013” (S. 1273)

  • Introduced in Senate and referred to Energy & Natural Resources Cmte. on July 10; Senate Cmte. held July 23 hearing (FAIR Act was previously introduced in Senate on March 20 as S. 630)
  • Sponsored by Sen. Lisa Murkowski (R-AK); co-sponsored by Sen.’s Mark Begich (D-AK), Heidi Heitkamp (D-ND), and Mary Landrieu (D-LA)
  • Among other things, this legislation would do the following:
    • Provide 27.5% of revenue (other than leasing revenue) from offshore traditional and renewable energy development to coastal states (25% of which would go to coastal political subdivisions), and an additional 10% if the state creates a clean fund relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation
    • Accelerate from 2017 to 2013 the date by which GulfCoast producing states will begin to receive their 37.5% share of revenues from Western and Central Gulf of Mexico Planning Area leases offered since 2007
    • Gradually lift the statutory $500 million annual cap on revenues kept by Gulf Coast states, which is set to begin in 2015
    • Allow states to keep 50% of revenues generated from renewable energy production on onshore federal lands within their borders
    • Additional Information

“Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act” (H.R. 1613/S. 812)

  • Introduced in House on April 18 and passed by the House 256-171 on June 27; received in Senate and referred to Energy & Natural Resources Cmte. as S. 812 on July 8; Cmte. held Oct. 1 hearing
  • H.R. 1613 sponsored by Rep. Jeff Duncan (R-SC); co-sponsored by Rep. Mark Amodei (R-NV), Kerry Bentivolio (R-MI), Paul Broun (R-GA), Kevin Cramer (R-ND), Tom Graves (R-KS), Doc Hastings (R-WA), Doug Lamborn (R-CO), Michael McCaul (R-TX), Mark Meadows (R-NC), Markwayne Mullin (R-OK), Ted Poe (R-TX), Trey Radel (R-FL), Matt Salmon (R-AZ), Steve Stockman (R-TX), Ann Wagner (R-MO), Lynn Westmoreland (R-GA), and Joe Wilson (R-SC)
  • S. 812 sponsored by Sen. Ron Wyden (D-OR); co-sponsored by Sen. Lisa Murkowski (R-AK)
  • Approves U.S.-Mexico agreement on transboundary hydrocarbon reservoirs in Gulf of Mexico; authorizes Interior Secretary to take certain actions to implement the agreement, including approval of unitization agreements and related arrangements for the exploration, development, or production of oil and gas from transboundary reservoirs and geologic structures; authorizes Interior Secretary to implement any transboundary hydrocarbon management agreement entered into by President and approved by Congress (setting forth procedures for submitting such agreements to Congress)
  • Additional Information

 “Virginia Outer Continental Shelf Energy Production Act of 2013” (S. 1024)

  •  Introduced in Senate and referred to Energy & Natural Resources Cmte. on May 22
  • Sponsored by Sen. Mark Warner (D-VA); co-sponsored by Sen. Tim Kaine (D-VA)
  • Requires Interior Secretary to include Lease Sale 220 offshore Virginia in 2012-2017 5-Year Leasing Program schedule; tracts that are determined to conflict with national security-related military operations would be unavailable for leasing; 50% of qualified revenues would be deposited into special account for disbursement to Virginia and for designated state activities
  • Additional Information

“Virginia Jobs and Energy Act” (H.R. 1782)

  • Introduced in House and referred to House Cmte. on Natural Resources on April 26; referred to Natural Resources Subcmte. on May 7
  • Sponsored by Rep. Scott Rigell (R-VA); co-sponsored by Rep.’s Morgan Griffith (R-VA), Robert Hurt (R-VA), and Robert Wittman (R-VA)
  • Requires Lease Sale 220 offshore Virginia to be held within 1 year of enactment, with at least 1 lease sale in Virginia lease sale planning area in each future 5-year leasing program; allocates 37.5% of new leasing revenues under such leases to DE, NC, MD, and VA and sets forth allocation schedule; prohibits oil and gas activity offshore Virginia that would conflict with a military operation; exempts offshore meteorological site testing and monitoring projects from NEPA environmental impact statement requirements; requires permits and rights of way for such projects (with decisions required within 30 days of receipt of application)
  • Additional Information

“South Carolina Offshore Drilling Act of 2013” (H.R. 771)

  •  Introduced in House and referred to Natural Resources Cmte. on Feb. 15; referred to Natural Resources Subcmte. on March 1
  • Sponsored by Rep. Jeff Duncan (R-SC); co-sponsored by Rep.’s Dan Benishek (R-MI), Trey Gowdy (R-SC), Mick Mulvaney (R-SC), Tom Rice (R-SC), and Joe Wilson (R-SC)
  • When determining areas offshore South Carolina that would be made available for leasing under 2012-2017 OCS Program, requires consideration of South Carolina’s laws, goals, and policies and a focus on areas considered to have the most geologically promising energy resources
  • Additional Information

S. 176 (Requiring new 5-Year OCS Leasing Program) 

  • Introduced in Senate and referred to Energy and Natural Resources Cmte. on Jan. 29
  • Sponsored by Sen. David Vitter (R-LA); co-sponsored by Sen.’s John Cornyn (R-TX) and Jeff Sessions (R-AL)
  • Approves as final the draft Proposed 2010-2015 OCS Leasing Program (excludes Lease Sales 214 (North Aleutian Basin), 232 (North Atlantic), and 239 (North Aleutian Basin) and GOM area under moratorium in program for FY 2013-2018)
  • Additional Information

“Infrastructure Jobs and Energy Independence Act” (H.R. 787) 

  • Introduced in House and referred to Cmtes. on Natural Resources, Judiciary, Energy & Commerce (and E&C Subcmte.), Rules, Budget, and Transportation & Infrastructure on Feb. 15; referred to T&I Subcmtes. on Feb. 19, Natural Resources Subcmte. on March 1, and Judiciary Subcmte. on April 8
  • Sponsored by Rep. Tim Murphy (R-PA); co-sponsored by Rep.’s Michael Fitzpatrick (R-PA), Billy Long (R-MO), and Erik Paulsen (R-MN)
  • Approves as final the draft Proposed 2010-2015 OCS Leasing Program; requires lease sale in every OCS planning area with commercial interest in purchasing oil and gas production leases; repeals moratorium that covers a portion of Central GOM and most of the Eastern GOM planning areas, requiring a final leasing plan for all Eastern GOM areas with commercial interest; extends coastal states’ allowable seaward boundary from 3 geographic miles to 9 nautical miles; establishes revenue-sharing provisions for new leases, including 30% for producing states; requires prompt offshore energy resource inventory (including through geological and geophysical exploration) in every Atlantic and Pacific OCS planning area; requires certain OCS oil and gas production regulations (including regulation of surface facility installation); authorizes national interest presidential waiver of requirements for oil and gas activity approvals
  • Additional Information

“Energy Production and Project Delivery Act of 2013” (S. 17)

  • Introduced in Senate and referred to Energy & Natural Resources Cmte. on Feb. 27
  • Sponsored by Sen. David Vitter (R-LA); 23 Republican co-sponsors
  • Approves as final the draft Proposed 2010-2015 OCS Leasing Program (excludes Lease Sales 214 (North Aleutian Basin), 232 (North Atlantic), and 239 (North Aleutian Basin) and GOM area under moratorium in program for FY 2013-2018); requires Lease Sale 220 offshore Virginia within 1 year of enactment; requires lease sales in every OCS planning area where there is commercial interest in purchasing oil and gas production leases; requires decision on drilling permit applications within 20 days of submission; revises requirements for distribution of revenues from OCS planning areas and for their allocation among coastal state for FY2024 and beyond
  • Additional Information

“Maximize Offshore Resource Exploration Act of 2013” (H.R. 1165)

  • Introduced in House and referred to Cmtes. on Natural Resources, Budget, and Rules on March 14; referred to Natural Resources Subcmte. on March 25
  • Sponsored by Rep. Ken Calvert (R-CA); co-sponsored by Rep.’s John Carter (R-TX), Robert Latta (R-OH), Howard McKeon (R-CA), Gary Miller (R-CA), and Devin Nunes (R-CA)
  • Revokes all withdrawals of federal submerged lands from oil and gas leasing; nullifies all prohibitions on spending federal funds to conduct preleasing and leasing activities for any area in the OCS; prohibits leasing any area within 25 miles of a state coastline without a state law approving the issuance of such leases; provides 75-90% of oil and gas royalty-derived revenues to adjacent states; extends state law jurisdiction to Alaska, Pacific, GOM, and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas; directs 5-12.5% of oil and gas royalty-derived federal revenues to a “Renewable Energy Reserve”
  • Additional Information

“Energy Production and Project Delivery Act of 2013” (H.R. 1881) 

  • Introduced in House and referred to Cmtes. on Natural Resources, Energy & Commerce, Transportation & Infrastructure, and Judiciary on May 8; referred to T&I Subcmte. on May 9, Energy & Commerce Subcmte. on May 10, Natural Resources Subcmtes. on May 15, and Judiciary Subcmte. on June 14
  • Sponsored by Rep. Rob Bishop (R-UT)
  • Approves as final the draft Proposed 2010-2015 OCS Leasing Program (excludes Lease Sales 214 (North Aleutian Basin), 232 (North Atlantic), and 239 (North Aleutian Basin) and GOM area under moratorium in program for FY 2013-2018); requires Lease Sale 220 offshore Virginia within 1 year of enactment; requires lease sales in every OCS planning area where there is commercial interest in purchasing oil and gas production leases; requires decision on drilling permit applications within 20 days of submission; revises requirements for distribution of revenues from OCS planning areas and for their allocation among coastal state for FY2024 and beyond; prohibits aware of federal payment of legal fees to ENGO’s in connection with actions that prevent, terminate, or reduce access to energy production or eliminate or prevent one or more jobs; amends Antiquities Act to require congressional approval of national monument designations on federal lands
  • Additional Information

“No More Excuses Energy Act of 2013” (H.R. 2081)

  • Introduced in House and referred to Cmtes. on Natural Resources, Ways & Means, and Energy & Commerce on May 21; referred to Energy & Commerce Subcmte. on May 24 and Natural Resources Subcmte. on June 3
  • Sponsored by Rep. Mac Thornberry (R-TX)
  • Repeals GOM moratorium (which excluded most of Eastern GOM planning area and portion of Central GOM planning area); requires amendment of 2012-2017 OCS Leasing Program to make available for leasing all OCS areas in the Arctic, Atlantic, Pacific, and Eastern GOM (including all areas that were previously excluded under the moratorium)
  • Additional Information

“More Energy More Jobs Act” (H.R. 2265)

  • Introduced in House and referred to Natural Resources Cmte. on June 5; referred to Natural Resources Subcmte. on June 10
  • Sponsored by Rep. Kevin Brady (R-TX); co-sponsored by Rep.’s Joe Barton (R-TX), Rob Bishop (R-UT), Steve Chabot (R-OH), Tom Cole (R-OK), Trent Franks (R-AZ), Andy Harris (R-MD), Mark Meadows (R-NC), Stevan Pearce (R-NM), Joseph Pitts (R-PA), John Shimkus (R-IL), Chris Stewart (R-UT), Tim Walberg (R-MI), and Robert Wittman (R-VA)
  • Instructs Interior Secretary to issue new 5-Year OCS oil and gas leasing program within 2 years of enactment, at which time the 2012-2017 program would be terminated; as to development of new 5-year leasing program, requires Interior Secretary to allow coastal state governors to nominate for leasing any OCS areas that are adjacent to state waters—each such nominated area must be included in the draft leasing program, and the leasing of such areas must be considered as an alternative federal action; areas nominated by coastal state governors must be included in the final program in the absence of a Secretarial determination that the impacts of development cannot be effectively mitigated and development is not in the national interest; requires that available resource estimates be included in the program, and that resource estimates be developed for areas for which such data are not available
  • Additional Information

“American-Made Energy and Infrastructure Jobs Act” (H.R. 2784) 

  • Introduced in House and referred to Cmtes. on Natural Resources, Ways & Means, Transportation & Infrastructure, and Energy & Commerce on July 22; referred to T&I Subctmes. on July 23 and Natural Resources and Energy & Commerce Subcmtes. on July 26
  • Sponsored by Rep. Steve Stivers (R-OH); co-sponsored by Rep. Cedric Richmond (D-LA)
  • Requires Lease Sale 220 offshore Virginia to be held within 1 year of enactment; requires lease sale offshore South Carolina within 2 years of enactment; requires lease sale of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area by the end of 2014 (development and production restrict to offshore infrastructure in existence at the time or enactment or from onshore-based, extended-reach drilling); requires multi-sale Environmental Impact Statement that includes a preferred action and no more than 1 alternative leasing proposal; requires development of new 5-Year OCS leasing program through 2020 that must be final by July 15, 2015; in developing future 5-Year OCS leasing programs, Interior Secretary must determine a domestic strategic production goal for oil and gas development for each program meeting certain threshold requirements); each program must make available for leasing at least 50% of available unleased acreage within each OCS planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (any OCS planning areas estimated to contain more than 2.5 billion barrels of oil or more than 7.5 trillion cubic feet of natural gas must be made available for leasing); requires establishment of OCS Energy Safety Advisory Board and OCS inspection fee regime; accelerates Phase II GOMESA revenue-sharing, and, after a phase in, extends 37.5% revenue-sharing rate to other coastal states with energy production off their shores; applies OCSLA to U.S. territories; reorganizes Interior Department agencies
  • Additional Information

“Deficit Reduction, Job Creation, and Energy Security Act” (H.R. 70)

  • Introduced in House and referred to Cmtes. on Natural Resources, Science, Space & Technology, and Transportation & Infrastructure on Jan. 3; referred to T&I Subcmte. on Jan. 4, Natural Resources Subcmtes. on Jan. 31, and Science, Space & Technology Subcmte. on Feb. 4
  • Sponsored by Rep. Sheila Jackson Lee (D-TX)
  • Between 2012-2017, requires offshore lease sales for an additional 10% of the acreage already proposed for leasing in the 5-Year Plan; authorizes Interior Secretary to reinstate expired Gulf of Mexico producible leases upon petition by prior leaseholder
  • Additional Information

“Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act” (S. 199)

  • Introduced in Senate and referred to Energy and Natural Resources Cmte. on Jan. 31
  • Sponsored by Sen. Mark Begich (D-AK)
  • Requires oil produced from federal leases in the Chukchi, Beaufort, and Hope Basin Planning Areas to be transported by pipeline to onshore facilities; requires Interior Secretary to issue permits for the transportation of oil from federal Arctic leases in preproduction phases by means other than pipeline; mandates that Alaska receive 37.5% of all federal revenues obtained from energy development in any area of Alaska Adjacent Zone (and sets forth allocation scheme)
  • Additional Information

“West Coast Ocean Protection Act of 2013” (S. 45)

  • Introduced in Senate and referred to Energy and Natural Resources Cmte. on Jan. 22
  • Sponsored by Sen. Barbara Boxer (D-CA); co-sponsored by Sen.’s Maria Cantwell (D-WA), Dianne Feinstein (D-CA), Jeff Merkley (D-OR), Patty Murray (D-WA), and Ron Wyden (D-OR)
  • Prohibits leasing for oil and gas exploration, development, or production in federal waters offshore California, Oregon, and Washington
  • Additional Information

H.R. 1011 (Prohibition on oil and gas leasing offshore New Jersey)

  • Introduced in House and referred to Natural Resources Cmte. on March 6; referred to Natural Resources Subcmte. on March 12
  • Sponsored by Rep. Frank LoBiondo (R-NJ); co-sponsored by Rep.’s Rodney Frelinghysen (R-NJ), Leonard Lance (R-NJ), and Chris Smith (R-NJ)
  • Prohibits oil and gas leasing, permitting, or licensing in federal waters located within 125 miles of New Jersey coastline
  • Additional Information

“California Ocean and Coastal Protection Act” (H.R. 2486)

  • Introduced in House and referred to Natural Resources Cmte. on June 25; referred to Natural Resources Subcmte. on June 27
  • Sponsored by Rep. Lois Capps (D-CA); co-sponsored by Rep.’s Sam Farr (D-CA), Jared Huffman (D-CA), and Alan Lowenthal (D-CA)
  • Prohibits oil and gas preleasing, leasing, and related activities in federal waters offshore California
  • Additional Information

STATE JURISDICTION

“Offshore Fairness Act” (H.R. 1430)

  • Introduced in House and referred to Cmtes. on Natural Resources and Judiciary on April 9; referred to Natural Resources Subcmte. on April 15 and Judiciary Subcmte. on April 30
  • Sponsored by Rep. Bill Cassidy (R-LA); co-sponsored by Rep. Scott Austin (R-GA)
  • Extends seaward boundaries of AL, FL, GA, LA, MS, NC, SC, and VA from 3 geographic miles to 9 nautical miles from coastline; declares submerged land within the seaward boundaries of such states (as extended) to be subject to federal oil and gas mineral rights and to be a part of the OCS for purposes of OCSLA, GOMESA, and other oil and gas leasing-related laws
  • Additional Information

 “Offshore Fairness Act” (S 681) 

  • Introduced in Senate and referred Energy & Natural Resources Cmte. on April 9
  • Sponsored by Sen. David Vitter (R-LA)
  • Extends seaward boundaries of AL, FL, GA, LA, MS, NC, SC, and VA from 3 geographic miles to 9 nautical miles from coastline; declares submerged land within the seaward boundaries of such states (as extended) to be subject to federal oil and gas mineral rights and to be a part of the OCS for purposes of OCSLA, GOMESA, and other oil and gas leasing-related laws
  • Additional Information

OIL SPILLS/OIL SPILL LIABILITY

“SAFEGUARDS Act of 2013” (H.R. 1820)

  • Introduced in House and referred to Natural Resources and Transportation & Infrastructure Cmtes. on April 26; referred to Transportation & Infrastructure Subcmtes. on April 29 and Natural Resources Subcmte. on May 6
  • Sponsored by Rep. Bill Young (R-FL)
  • Conditions Interior Department’s issuance of permits or other authorizations for exploration or production under an OCS lease on Homeland Security Secretary approval of an oil spill response plan that complies with the Clean Water Act’s National Response System; extends review time of submitted exploration plans from 30 to 90 days (with option for 60-day extension); prohibits applicability of NEPA categorical exclusions to exploration plans; requires regulations mandating that worst case discharge response plans be approved by Homeland Security Secretary and requiring such plans to address response to uncontrolled or uncontained well discharges
  • Additional Information

“Big Oil Bailout Prevention Act of 2013” (H.R. 1743)

  • Introduced in House and referred to Transportation & Infrastructure Cmte. on April 25; referred to T&I Subcmte. on April 26
  • Sponsored by Rep. Rush Holt (D-NJ); co-sponsored by Rep.’s Lois Capps (D-CA), Kathy Castor (D-FL), Gerald Connolly (D-VA), Raul Grijalva (D-AZ), Edward Markey (D-MA), Jared Polis (D-CO), and Louise Slaughter (D-NY)
  • Removes liability limits for responsible parties for an offshore facility (except deepwater ports) from which oil is discharged into or upon navigable waters or adjoining shorelines
  • Additional Information

“Big Oil Bailout Prevention Unlimited Liability Act of 2013” (S. 828)

  • Introduced in Senate and referred to Environment and Public Works Cmte. on April 25
  • Sponsored by Sen. Robert Menendez (D-NJ); co-sponsored by Sen.’s Richard Durbin (D-IL), Frank Lautenberg (D-NJ), Bill Nelson (D-FL), Jack Reed (D-RI), and Sheldon Whitehouse (D-RI)
  • Removes oil spill liability limits for offshore facilities
  • Additional Information

“Gulf Coast Oil Recovery Zone Tax Relief and Economic Recovery Act” (S. 1506) 

  • Introduced in Senate and referred to Finance Cmte. on Sept. 17
  • Sponsored by Sen. Roger Wicker (R-MS); co-sponsored by Sen. Mary Landrieu (D-LA)
  • Provides tax relief for individuals affected by the Deepwater Horizon (DWH) spill by prohibiting IRS from counting as income DWH spill-related insurance or Oil Pollution Act payments or proceeds that are invested in start-up expenditures or tangible property for commercial or charter fishing businesses and hotel, lodging, recreation, entertainment, and restaurant businesses that are located in 8 counties in Florida, 3 counties in Mississippi, 2 counties in Alabama, and 11 parishes in Louisiana; to qualify, investments must be made within 5 years of the later of receipt of the payment or the bill’s enactment
  • Additional Information

TAX & FISCAL TERMS 

“Balancing Act” (H.R. 505)

  • Introduced in House on Feb. 3 and referred to Cmtes. on Armed Services, Budget, Education & the Workforce, Financial Services, Oversight & Government Reform, Transportation & Infrastructure, and Ways & Means; referred to T&I Subcmtes. on Feb. 6 and Education & the Workforce Subcmtes. on April 23
  • Sponsored by Rep. Keith Ellison (D-MN); co-sponsored by Rep.’s Donna Christensen (D-VI), Judy Chu (D-CA), Yvette Clarke (D-NY), William Lacy Clay (D-TN), John Conyers, Jr. (D-MI), Alan Grayson (D-FL), Raul Grijalva (D-AZ), Luis Gutierrez (D-IL), Eddie Bernice Johnson (D-TX), Barbara Lee (D-CA), Edward Markey (D-MA), Jim McDermott (D-WA), Jerrold Nadler (D-NY), Eleanor Holmes Norton (D-DC), Janice Schakowsky (D-IL), and Frederica Wilson (D-FL)
  • Repeals tax deduction for income related to domestic oil and natural gas production; denies use of last-in, first-out inventory accounting for oil and gas companies; increases Oil Spill Liability Trust Fund financing rate to 8-10 cents/barrel; denies tax deduction for expenses for removal costs and damages for certain oil spill liability; imposes 13% tax on removal of any taxable crude oil or natural gas from Outer Continental Shelf lands (with credit for federal royalty payments); increases amortization period for geological and geophysical expenditures to 7 years
  • Additional Information

“Permanent Repeal of Oil Subsidies Act” (H.R. 601)

  • Introduced in House on Feb. 8 and referred to Cmtes. on Natural Resources and Ways & Means; referred to Natural Resources Subcmte. on Feb. 21
  • Sponsored by Rep. Edward Markey (D-MA); co-sponsored by Rep.’s Earl Blumenauer (D-OR), Judy Chu (D-CA), John Conyers, Jr. (D-MI), Keith Ellison (D-MN), Rush Holt (D-NJ), William Keating (D-MA), Daniel Kildee (D-MI), and Niki Tsongas (D-MA)
  • Requires establishment of graduated annual production incentive fee for federal lands and waters subject to non-producing oil and gas production lease; prohibits issuance of new Gulf of Mexico leases to those who refuse to renegotiate existing leases to require royalty payments if oil and gas prices reach certain thresholds; requires rent/royalty revenue to be used for federal budget deficit or debt reduction; requires collection of nonrefundable facility inspection fees from OCS facility operators; requires 7-year amortization of geological and geophysical expenses for major integrated oil companies or oil company with annual gross receipts >$50 million; for companies with annual gross receipts >$50 million, repeals tax credits for producing oil and gas from marginal wells, expensing of intangible drilling and development costs for gas wells, percentage depletion, qualified tertiary injectant expenditure tax deduction, and exemption from limitations on passive activity losses; for major integrated oil companies, repeals tax deduction for income attributable to domestic production activities and prohibits use of last-in, first-out accounting method
  • Additional Information

“Job Preservation and Economic Certainty Act of 2013” (S. 277)

  • Introduced in Senate and referred to Finance Cmte. on Feb. 11
  • Sponsored by Sen. Sheldon Whitehouse (D-RI); co-sponsored by Sen.’s Tom Harkin (D-IA), Carl Levin (D-MI), and Bernard Sanders (I-VT)
  • For major integrated oil companies, repeals tax deduction for income attributable to oil and gas production, transportation, or distribution, tax deduction for intangible drilling and development costs, percentage depletion allowance for oil and gas wells, and tax deduction for qualified tertiary injectant expenses; repeals royalty relief for both natural gas production from deep wells in shallow water GOM and deepwater oil and gas production in Western and Central GOM (including portion of Eastern GOM that it not under a moratorium)
  • Additional Information

“Job Preservation and Sequester Replacement Act of 2013” (S. 278)

  • Introduced in Senate and referred to Finance Cmte. on Feb. 11
  • Sponsored by Sen. Sheldon Whitehouse (D-RI); co-sponsored by Sen.’s Tom Harkin (D-IA), Frank Lautenberg (D-NJ), Carl Levin (D-MI), Jeff Merkley (D-OR), Bernard Sanders (I-VT), Brian Schatz (D-HI), and Elizabeth Warren (D-MA)
  • For major integrated oil companies, repeals tax deduction for income attributable to oil and gas production, transportation, or distribution, tax deduction for intangible drilling and development costs, percentage depletion allowance for oil and gas wells, and tax deduction for qualified tertiary injectant expenses; repeals royalty relief for both natural gas production from deep wells in shallow water GOM and deepwater oil and gas production in Western and Central GOM (including portion of Eastern GOM that it not under a moratorium)
  • Additional Information

“End Big Oil Tax Subsidies Act of 2013” (H.R. 609)

  • Introduced in House and referred to Ways and Means Cmte. on Feb. 12
  • Sponsored by Rep. Earl Blumenauer (D-OR); 37 Democrat co-sponsors
  • Requires 7-year amortization of geological and geophysical expenses for major integrated oil companies or oil company with annual gross receipts >$50 million; for companies with annual gross receipts >$50 million, for non small, independent oil and gas companies, repeals tax credits for producing oil and gas from marginal wells, expensing of intangible drilling and development costs for gas wells, percentage depletion, qualified tertiary injectant expenditure tax deduction, exemption from limitations on passive activity losses; for non small, independent oil and gas companies, and tax deduction for income attributable to domestic production activities; prohibits use of last-in, first-out accounting method by major integrated oil companies
  • Additional Information

“Close Big Oil Tax Loopholes Act” (S. 307)

  • Introduced in Senate and referred to Finance Committee on Feb. 13
  • Sponsored by Sen. Robert Menendez (D-NJ); co-sponsored by Sen.’s Barbara Boxer (D-CA), Sherrod Brown (D-OH), Benjamin Cardin (D-MD), Richard Durbin (D-IL), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Amy Klobuchar (D-MN), Frank Lautenberg (D-NJ), Patrick Leahy (D-VT), Claire McCaskill (D-MO), Jeff Merkley (D-OR), Bill Nelson (D-FL), Jack Reed (D-RI), Charles Schumer (D-NY), Jeanne Shaheen (D-NH), Debbie Stabenow (D-MI), and Sheldon Whitehouse (D-RI)
  • For major integrated oil companies, repeals tax deduction for income attributable to oil and gas production, transportation, or distribution, tax deduction for intangible drilling and development costs, percentage depletion allowance for oil and gas wells, and tax deduction for qualified tertiary injectant expenses; repeals royalty relief for both natural gas production from deep wells in shallow water GOM and deepwater oil and gas production in Western and Central GOM (including portion of Eastern GOM that it not under a moratorium)
  • Additional Information

“Stop the Sequester Job Loss Now Act” (H.R. 699)

  • Introduced in House and referred to Agriculture, Budget, and Ways & Means Cmtes. on Feb. 14
  • Sponsored by Rep. Chris Van Hollen (D-MD); 20 Democrat co-sponsors
  • For major integrated oil companies, eliminates tax deduction for income attributable to oil and gas and prohibits use of last-in, first-out accounting method

“Sustainable Energy Act” (S. 329)

  • Introduced in Senate and referred to Finance Cmte. on Feb. 14
  • Sponsored by Sen. Bernard Sanders (I-VT)
  • Removes authority of Interior Secretary to reduce or eliminate royalty payments for OCS oil and gas leases; increases minimum royalty payments for oil and gas leases; eliminates liability limits for offshore facilities and pipeline operators for oil spills; repeals tax deduction for income related to domestic oil and natural gas production; denies use of last-in, first-out inventory accounting for oil and gas companies; increases Oil Spill Liability Trust Fund financing rate to 8-10 cents/barrel; denies tax deduction for expenses for removal costs and damages for certain oil spill liability; imposes 13% tax on removal of any taxable crude oil or natural gas from GOM Outer Continental Shelf (with credit for federal royalty payments); increases amortization period for geological and geophysical expenditures to 7 years; repeals tax credit for producing oil and gas from marginal wells; repeals tax provision relating to limitations on percentage depletion for oil and gas wells; repeals public-private U.S. Energy Dept. program for ultra-deepwater and unconventional natural gas and other petroleum resource exploration and production
  • Additional Information

“Deepwater Drillig Royalty Relief Prohibition Act” (S. 598)

  • Introduced in Senate and referred to Energy & Natural Resources Cmte. on March 18
  • Sponsored by Sen. Dianne Feinstein (D-CA); co-sponsored by Sen. Bill Nelson (D-FL)
  • Prohibits issuance of any offshore oil and gas lease sale with royalty-based incentives in any tract located in water depths of 400 meters or more; prohibits reduction or elimination of any royalty or net profit share for any lease or unit located in water depths of 400 meters or more on the OCS; repeals royalty relief for deepwater oil and gas production in the Western and Central GOM Planning Areas (and portion of Eastern GOM Planning Area not under a moratorium)
  • Additional Information

“Medical Device Tax Elimination Act” (H.R. 1295)

  • Introduced in House and referred to Ways & Means Cmte. on March 20
  • Sponsored by Rep. Daniel Maffei (D-NY); co-sponsored by Rep.’s Zoe Lofgren (D-CA), Jared Polis (D-CO), Niki Tsongas (D-MA), and Mel Watt (D-NC)
  • For major integrated oil companies, eliminates tax deduction for income attributable to oil and gas and prohibits use of last-in, first-out accounting method
  • Additional Information

“Big Oil Welfare Repeal Act of 2013” (H.R. 1426)

  • Introduced in House and referred to Ways & Means Cmte. on April 9
  • Sponsored by Rep. Timothy Bishop (D-NY); co-sponsored by Rep.’s Suzan DelBene (D-WA) and George Miller (D-CA)
  • For major integrated oil companies, eliminates tax deduction for income attributable to domestic production activities
  • Additional Information

“Stop the Sequester Job Loss Now Act Through 2014” (H.R. 2060)

  • Introduced in House and referred to Agriculture, Budget, and Ways & Means Cmtes. on May 20
  • Sponsored by Rep. Chris Van Hollen (D-MD); co-sponsored by Rep.’s David Cicilline (D-RI), Carol Shea-Porter (D-NH), Eric Swalwell (D-CA), and Frederica Wilson (D-FL)
  • For major integrated oil companies, prohibits use of last-in, first-out accounting method, eliminates tax deduction for income attributable to domestic production activities, and removes tax deduction for intangible drilling and development costs
  • Additional Information

“American Jobs Act of 2013” (H.R. 2821)

  • Introduced in House on July 24 and referred to Cmtes. on Ways & Means, Small Business, Education & the Workforce, Judiciary, Transportation & Infrastructure, Financial Services, House Administration, Oversight & Government Reform, and Budget
  • Sponsored by Rep. Frederica Wilson (D-FL); 78 Democrat co-sponsors
  • Repeals certain oil and gas tax provisions, including intangible drilling and development cost tax deduction, tertiary injectant expenditure tax deduction, tax deduction for oil and gas-related income, exemption from limitations on passive activity losses, and tax credits for producing oil and gas from marginal wells; increases amortization period for geological and geophysical expenditures to 7 years
  • Additional Information

“End Welfare for Big Oil Act of 2013” (H.R. 2956)

  • Introduced in House and referred to Natural Resources and Ways & Means Cmtes. on Aug. 1; referred to Natural Resources Subcmte. on Aug. 9
  • Sponsored by Rep. Patrick Murphy (D-FL); co-sponsored by Rep.’s Ron Barber (D-AZ), Earl Blumenauer (D-OR), Corrine Brown (D-FL), Kathy Castor (D-FL), Elizabeth Esty (D-CT), and Jared Polis (D-CO)
  • For major integrated oil companies, repeals tax deduction for income attributable to oil and gas production, transportation, or distribution, tax deduction for intangible drilling and development costs, percentage depletion allowance for oil and gas wells, and tax deduction for qualified tertiary injectant expenses; repeals royalty relief for both natural gas production from deep wells in shallow water GOM and deepwater oil and gas production in Western and Central GOM (including portion of Eastern GOM that it not under a moratorium)
  • Additional Information

“Keep American Natural Gas Here Act” (H.R. 1191)

  • Introduced in House and referred to Natural Resources Cmte. on March 14; referred to Natural Resources Subcmte. on March 25
  • Sponsored by Rep. Edward Markey (D-MA); co-sponsored by Brian Higgins (D-NY) and Rush Holt (D-NJ)
  • For 10 years from the date of enactment, bids on OCS oil and gas leases would not be accepted in the absence of a certification that all natural gas produced from the lease will only be offered for sale in the U.S.
  • Additional Information

“American Oil for American Families Act of 2013” (S. 435)

  • Introduced in Senate and referred to Banking, Housing, & Urban Affairs Cmte. on March 4
  • Sponsored by Sen. Robert Menendez (D-NJ)
  • Bans export from U.S. of petroleum extracted from public lands in U.S. (including OCS), or a petroleum product produced from such petroleum
  • Additional Information

“Advancing Offshore Wind Production Act” (H.R. 1398) 

  • Introduced in House and referred to House Natural Resources Cmte. on March 21; referred to Natural Resources Subcmte. on April 11
  • Sponsored by Rep. Robert Wittman (R-VA); co-sponsored by Rep. Doc Hastings (R-WA)
  • Exempts offshore meteorological site testing and monitoring projects from NEPA environmental impact statement requirements; requires permits and rights of way for such projects (with decisions required within 30 days of receipt of application)
  • Additional Information

“Offshore Oil and Gas Worker Whistleblower Protection Act of 2013” (H.R. 1649)

  • Introduced in House and referred to Education & the Workforce Cmte. on April 18; referred to Education & the Workforce Subcmte. on July 8
  • Sponsored by Rep. George Miller (D-CA); co-sponsored by Rep.’s Joe Courtney (D-CT), Rush Holt (D-NJ), Edward Markey (D-MA), and Mark Pocan (D-WI)
  • Prohibits employer from discriminating, or engaging in retaliatory actions against specified employees who report to a government official any violation or unsafe condition under OCSLA
  • Additional Information